Nevada’s ‘Implied Consent’ Law Struck Down

October 20, 2014

The Nevada Supreme Court has ruled a state law that allows police to forcibly take blood samples from motorists without a warrant is unconstitutional.

The court, in a unanimous decision handed down Thursday, said the state’s “implied consent” law violates the Fourth Amendment right against unreasonable search.

The ruling follows the U.S. Supreme Court’s decision last year in Missouri vs. McNeely that said an officer must get a warrant if a suspected drunken driver refuses a blood draw.

Las Vegas Metropolitan Police Deputy Chief Pat Neville told the Las Vegas Review-Journal the state court’s ruling won’t affect its day-to-day operations.

Neville says officers started obtaining warrants for blood tests after last year’s U.S. Supreme Court’s ruling.

The state court’s ruling also will cover breath tests.

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